TRAINING SERVICES PROPERTY PRACTITIONERS

Melanie offers a wide variety of technical training and practical training services to the property industry, which includes the sales (residential and commercial), rentals, small to medium law firms and other businesses where needed.

Melanie’s training sessions are presented in a very lively, comfortable and understandable manner and she is known to always illustrate the examples with meticulous care. Every training session attended will be accompanied by a summary of the presentation notes as well as a PDE Certificate which will carry 1 non verifiable point. These attendance certificates will also assist property practitioners with their Portfolio of Evidence.

Most training sessions will be hosted via Zoom or MS Teams and prospective attendees should register for a session via the website link and if a fee is raised, then payment will occur via the payment link on the site.

TRAINING TOPICS

FINANCIAL INTELLIGENCE CENTRE ACT Amendments April 2019 (And Regulations)

Intended outcomes:

  • Understanding the FIC’s Risk Based Approach fully and how property practitioners should onboard the different types of clients;
  • What does a Risk Matrix mean and how should it look?
  • Identifying the unusual and suspicious transactions to which the FICAA Regulations refer;
  • How to report a transaction or party to the FIC via its website;
  • Understanding the role of the FICA Compliance and Reporting Officer within the organisation or office

You will receive:

  • An attendance certificate which will carry 1 non verifiable PDE point;
  • A copy of the presentation notes

PROPERTY PRACTITIONERS ACT 22 OF 2019 (And Regulations thereto)

Intended outcomes:

  • Understanding the scope of the PPA and how all role players will be affected;
  • Understanding the changes which will take place when the PPA becomes effective as law;
  • Understanding the Fidelity Fund requirements and the new procedure for application;
  • Looking at the new commission structures, restrictions and requirements;
  • Being made aware of the required changes to the contracts in the organisation, including mandates, sales agreements, rental agreements and the property condition report;
  • Understanding transformation and how it may impact your business

You will receive:

  • An electronic copy of the Act and Regulations;
  • A copy of the presentation notes;
  • The opportunity to arrange an additional consultation to discuss the amendments required to the standard documents

PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

Intended outcomes:

  • Understanding the scope of the POPIA and Privacy Laws in South Africa;
  • Understanding the extent of cyber threats when using your tablet, your cellphone or your PC;
  • Understanding Personal Information and how you will be required to deal with it in all your agreements, internally and externally;
  • Understanding the parameters of Direct Marketing and what is required from you when contacting clients;
  • Understanding the role of the Information Officer in the organisation;
  • What a POPIA Privacy Policy should look like.

You will receive:

  • An electronic copy of the POPI Act and Regulations;
  • A copy of the presentation notes;
  • The opportunity to arrange an additional consultation to discuss the development of your business’ POPIA Privacy Manual with the option to arrange specific internal training once the Manual is complete.
  • An attendance certificate which will carry 1 non verifiable PDE point;

INSTALMENT SALE AGREEMENTS – understanding this as an alternative to the usual sale

Intended outcomes:

  • Understanding the requirements for a formal Instalment Sale Agreement to be concluded;
  • How to have this type of agreement recorded on the title deed at the deeds office;
  • When to look at the instalment sale agreement as an alternative to the usual sale;
  • Understanding the financing in an instalment sale agreement;
  • Understanding the costs related to an instalment sale agreement;
  • When is the commission payable.

You will receive:

  • A copy of the presentation notes;
  • A copy of the relevant sections from the Alienation of Land Act 68 of 1981;
  • An attendance certificate which will carry 1 non verifiable PDE point

CAPITAL GAINS TAX – practicalities

Intended outcomes:

  • Understanding the capital gains tax rules which apply directly to your sale;
  • Understanding the rules when properties were bought before 2001;
  • Understanding the difference between capital and improvement costs;
  • Understanding the primary residency exclusion;
  • Getting proficient in doing the calculations yourself

You will receive:

  • A copy of the presentation notes;
  • A worksheet from which you are able to practise the calculations;
  • 2 x Copies of example calculations for future reference;
  • An updated Income Tax table;
  • An attendance certificate which will carry 1 non verifiable PDE point.

FOREIGN INVESTMENT IN SOUTH AFRICA

Intended outcomes:

  • Understanding the different government departments which have a bearing on foreign investors (South African Revenue Services, Reserve Bank Exchange Control, Department of Home Affairs;
  • Understanding the most important rules related to Non Residents (holiday makers), Temporary Residents (foreigners who live here for a determined period of time), Permanent Residents (foreigners who live here but do not necessarily wish to natularise) and Expatriate South Africans (South Africans who live and work abroad but have retained their citizenship);
  • How taxes relate to these particular types of foreign investors;
  • How to get the funds from South Africa paid abroad;
  • What the best options are for introducing funds into South Africa and how the taxes work when buying;
  • What the foreign marital status means when signing a contract;
  • How local South African bonds work when foreigners buy and what the conditions are.

You will receive:

  • Course notes;
  • A short summary of the different rules which apply to different types of foreign investors;
  • An attendance certificate which will carry 1 non verifiable PDE point.

JOINT OWNERSHIP AGREEMENTS

Intended outcomes:

  • Often properties are bought jointly either by the husband and wife, two lifepartners or just by multiple investors. Even though the Title Deed of the property indicates a particular share attached to the joint ownership (like 50%/50%), the true nature of the joint investment and the practicalities surrounding this are more often than not overlooked.
  • Dire consequences await the joint owners if the partnership or relationship sours or disintegrates or where one of the joint owners pass away or becomes insolvent and no Joint Ownership Agreement exists to set out the parties’ agreement regarding the property, payments due or which have been made and options available to the joint owners.
  • It is highly advisable to all joint buyers conclude a Joint Ownership Agreement to ensure that the practicalities surrounding the “day to day” investment and eventual dissolution of the joint asset are set out clearly from the onset.

You will receive:

  • An example of a Joint Ownership Agreement;
  • A copy of the course notes;
  • An attendance certificate which will carry 1 non verifiable PDE point

FULLY UNDERSTANDING THE FOREIGN INVESTOR AND THE LOCAL BOND CONDITIONS FULLY

Intended outcomes:

  • Foreigners are allowed to apply for and obtain local bond approval which often sweetens the sale prospects. The terms surrounding such an approval are often misunderstood or misinterpreted which leads to a delayed transfer or a collapsed deal.
  • Different exchange control rules apply when a bond is approved for a foreign investor without any type of SA VISA, a foreigner who has a SA temporary residency VISA issued or a foreign investor who has a permanent residency VISA approved.
  • Separate rules also apply to SA EXPATS who buy property when they identify themselves with their SA ID numbers (in order to maximise the loan to value ratio) as opposed to SA EXPATS who do not have SA ID booklets or cards.

You will receive:

  • Examples of the different requirements when dealing with the different classes of buyers;
  • Examples of the different types of VISAs;
  • A copy of the course notes;
  • An attendance certificate which will carry 1 non verifiable PDE point.

INTERPRETING THE ZONING RULES

Intended outcomes:

  • It is often assumed that properties are compliant with the local Council’s zoning and use rules and problems are then discovered after the property has transferred.
  • With the inception of the Property Practitioners Act 2019 in April 2021, new obligations will arise for property practitioners when taking a mandate to sell a property inasfar as the Property Conditions Report is concerned.
  • The existence of building plans and Zoning certificates will become more and more required in order to ensure that the property practitioner does not fall foul of the PPA obligations.
  • This course is suggested for all property practitioners in order that the property practitioner understands how to market properties properly after April 2021

You will receive:

  • A copy of the new suggested Property Conditions Report;
  • Guidance on how to use the Councils’ Zoning viewer;
  • Guidance on contractual clauses which should be considered when selling a property where the zoning or use is a problem;
  • A copy of the course material;
  • An attendance certificate which will carry 1 non verifiable PDE point

DEFECTS, VOETSTOOTS, THE NEW PPA and DECYPHERING ONCE AND FOR ALL HOW TO DEAL WITH FIXTURES AND FITTINGS

Intended outcomes:

  • For property practitioners to understand the relation between the common law VOETSTOOTS clause and the extent to which properties must be inspected prior to a sale being concluded.
  • For property practitioners to be able to recognise when a special condition must be inserted into the agreement of sale as opposed to a suspensive condition.
  • How to properly qualify conditions related to a defect.
  • How to effectively negotiate defects in properties without affecting the faith of the parties in the deal.

You will receive:

  • Examples of defect clauses;
  • Copy of the course notes;
  • An attendance certificate which will carry 1 non verifiable PDE point.

Get in Touch!

Call Me
+27 (0)82 564 9241